Sadowski v Harmon
Motion No: 2016-09347
Slip Opinion No: 2018 NY Slip Op 66807(U)
Decided on March 14, 2018
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M247579

E/rr

ALAN D. SCHEINKMAN, P.J.

RUTH C. BALKIN

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX, JJ.

2016-09347

Joseph A. F. Sadowski, appellant,

v David W. Harmon, defendant-respondent;

Wendy K. Cardali, nonparty-respondent.

(Index No. 4441/13)

DECISION & ORDER ON MOTION

Motion by the defendant-respondent, in effect, to dismiss an appeal from an order of the Supreme Court, Nassau County, dated March 21, 2016, for failure to timely perfect. Application by the appellant, in effect, to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted, and the appellant's time to perfect the appeal by causing the original papers constituting the record to be filed in the office of the Clerk of the Court (see 22 NYCRR 670.9 [d][2]) and by filing nine copies of his brief and serving one copy of the brief upon each respondent is enlarged until May 15, 2018; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the motion is denied.

SCHEINKMAN, P.J., BALKIN, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court